BREXIT: UK seeks views on post-Brexit sanctions framework

Many of the UK's current powers to impose sanctions flow from the 1972 European Communities Act, so the government will need new legal powers to replace these once EU law no longer applies, it said in a short consultation, published shortly before the pre-election 'purdah' period began.

In the consultation, which closes on 23 June, the government explained that separate legislation to govern sanctions was needed. The so-called 'great repeal bill', through which it intends to enshrine existing EU regulations in UK law at the point of Brexit, "would not provide the powers necessary to update, amend or lift sanctions in response to fast moving events", the government said in its consultation.

"This would leave us in breach of our international obligations and unable to work effectively with our European and international partners to tackle shared challenges," it said.

As a permanent member of the UN Security Council, the UK plays a central role in negotiating sanctions as a means of countering threats to international peace and security. It is also obliged under international law to implement agreed UN sanctions. As an EU member, the UK has also implemented so-called 'autonomous sanctions' in situations where the UN has chosen not to act, often with the support of other countries such as the US, Canada, Japan and Australia.

UN and EU sanctions typically involve a mixture of three different types of measure: international travel bans, preventing sanctioned persons from obtaining visas and travelling to participating states; asset freezes, requiring the funds and assets of sanctioned persons to be frozen and also restricting the availability of additional economic resources; and financial and trade restrictions, generally targeting specific sectors but sometimes ranging more widely.

The UK intends to legislate in order to preserve its current ability to impose and implement travel bans, asset freezes and financial and trade restrictions. It also intends to maintain its current emphasis on applying sanctions "carefully ... whilst minimising unintended consequences", including by giving sanctioned persons a means of challenging their listings and a system for licensing legitimate business activity.

The government intends to finalise the new legislation before the UK leaves the EU, which is anticipated to take place in March 2019. However, it will not come into force until the date of actual withdrawal.

The consultation explicitly does not consider future UK policy in relation to sanctions, or how sanctions imposed by the UK will align with those imposed by the EU or other international bodies.

"However, we recognise that sanctions require broad application to be effective and we will continue to work closely with allies and partners to this end," the government said.

"The government's over-arching goal is to ensure we have in place the legal powers needed to continue to implement sanctions regimes effectively, in support of our wider national security and foreign policy agenda," said Foreign Office minister Sir Alan Duncan. "The UK plays a leading global role in using sanctions to reduce threats to international peace and security, and we will continue to do so when we leave the European Union."